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1 | AN ACT concerning public safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||
5 | amended by changing Section 4 as follows:
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6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. Application for Firearm Owner's Identification | |||||||||||||||||||
8 | Cards. | |||||||||||||||||||
9 | (a) Each applicant for a Firearm Owner's Identification | |||||||||||||||||||
10 | Card must:
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11 | (1) Submit an application as made available by the | |||||||||||||||||||
12 | Illinois State Police; and
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13 | (2) Submit evidence to the Illinois State Police that:
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14 | (i) This subparagraph (i) applies through the | |||||||||||||||||||
15 | 180th day following July 12, 2019 ( the effective date | |||||||||||||||||||
16 | of Public Act 101-80) this amendatory Act of the 101st | |||||||||||||||||||
17 | General Assembly . He or she is 21 years of age or over, | |||||||||||||||||||
18 | or if he or she is under 21
years of age that he or she | |||||||||||||||||||
19 | has the written consent of his or her parent or
legal | |||||||||||||||||||
20 | guardian to possess and acquire firearms and firearm | |||||||||||||||||||
21 | ammunition and that
he or she has never been convicted | |||||||||||||||||||
22 | of a misdemeanor other than a traffic
offense or | |||||||||||||||||||
23 | adjudged
delinquent, provided, however, that such |
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1 | parent or legal guardian is not an
individual | ||||||
2 | prohibited from having a Firearm Owner's | ||||||
3 | Identification Card and
files an affidavit with the | ||||||
4 | Department as prescribed by the Department
stating | ||||||
5 | that he or she is not an individual prohibited from | ||||||
6 | having a Card; | ||||||
7 | (i-5) This subparagraph (i-5) applies on and after | ||||||
8 | the 181st day following July 12, 2019 ( the effective | ||||||
9 | date of Public Act 101-80) this amendatory Act of the | ||||||
10 | 101st General Assembly . He or she is 21 years of age or | ||||||
11 | over, or if he or she is under 21
years of age that he | ||||||
12 | or she has never been convicted of a misdemeanor other | ||||||
13 | than a traffic offense or adjudged delinquent and is | ||||||
14 | an active duty member of the United States Armed | ||||||
15 | Forces or has the written consent of his or her parent | ||||||
16 | or
legal guardian to possess and acquire firearms and | ||||||
17 | firearm ammunition, provided, however, that such | ||||||
18 | parent or legal guardian is not an
individual | ||||||
19 | prohibited from having a Firearm Owner's | ||||||
20 | Identification Card and
files an affidavit with the | ||||||
21 | Illinois State Police Department as prescribed by the | ||||||
22 | Illinois State Police Department
stating that he or | ||||||
23 | she is not an individual prohibited from having a Card | ||||||
24 | or the active duty member of the United States Armed | ||||||
25 | Forces under 21 years of age annually submits proof to | ||||||
26 | the Illinois State Police, in a manner prescribed by |
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1 | the Illinois State Police Department ;
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2 | (ii) He or she has not been convicted of a felony | ||||||
3 | under the laws of
this or any other jurisdiction;
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4 | (iii) He or she is not addicted to narcotics;
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5 | (iv) He or she has not been a patient in a mental | ||||||
6 | health facility within
the past 5 years or, if he or | ||||||
7 | she has been a patient in a mental health facility more | ||||||
8 | than 5 years ago submit the certification required | ||||||
9 | under subsection (u) of Section 8 of this Act;
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10 | (v) He or she is not a person with an intellectual | ||||||
11 | disability;
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12 | (vi) He or she is not an alien who is unlawfully | ||||||
13 | present in the
United States under the laws of the | ||||||
14 | United States;
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15 | (vii) He or she is not subject to an existing order | ||||||
16 | of protection
prohibiting him or her from possessing a | ||||||
17 | firearm;
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18 | (viii) He or she has not been convicted within the | ||||||
19 | past 5 years of
battery, assault, aggravated assault, | ||||||
20 | violation of an order of
protection, or a | ||||||
21 | substantially similar offense in another jurisdiction, | ||||||
22 | in
which a firearm was used or possessed;
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23 | (ix) He or she has not been convicted of domestic | ||||||
24 | battery, aggravated domestic battery, or a
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25 | substantially similar offense in another
jurisdiction | ||||||
26 | committed before, on or after January 1, 2012 (the |
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1 | effective date of Public Act 97-158). If the applicant | ||||||
2 | knowingly and intelligently waives the right to have | ||||||
3 | an offense described in this clause (ix) tried by a | ||||||
4 | jury, and by guilty plea or otherwise, results in a | ||||||
5 | conviction for an offense in which a domestic | ||||||
6 | relationship is not a required element of the offense | ||||||
7 | but in which a determination of the applicability of | ||||||
8 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
9 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
10 | court of a judgment of conviction for that offense | ||||||
11 | shall be grounds for denying the issuance of a Firearm | ||||||
12 | Owner's Identification Card under this Section;
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13 | (x) (Blank);
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14 | (xi) He or she is not an alien who has been | ||||||
15 | admitted to the United
States under a non-immigrant | ||||||
16 | visa (as that term is defined in Section
101(a)(26) of | ||||||
17 | the Immigration and Nationality Act (8 U.S.C. | ||||||
18 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
19 | been lawfully admitted to the United
States under a | ||||||
20 | non-immigrant visa if that alien is:
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21 | (1) admitted to the United States for lawful | ||||||
22 | hunting or sporting
purposes;
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23 | (2) an official representative of a foreign | ||||||
24 | government who is:
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25 | (A) accredited to the United States | ||||||
26 | Government or the Government's
mission to an |
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1 | international organization having its | ||||||
2 | headquarters in the United
States; or
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3 | (B) en route to or from another country to | ||||||
4 | which that alien is
accredited;
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5 | (3) an official of a foreign government or | ||||||
6 | distinguished foreign
visitor who has been so | ||||||
7 | designated by the Department of State;
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8 | (4) a foreign law enforcement officer of a | ||||||
9 | friendly foreign
government entering the United | ||||||
10 | States on official business; or
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11 | (5) one who has received a waiver from the | ||||||
12 | Attorney General of the
United States pursuant to | ||||||
13 | 18 U.S.C. 922(y)(3);
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14 | (xii) He or she is not a minor subject to a | ||||||
15 | petition filed
under Section 5-520 of the Juvenile | ||||||
16 | Court Act of 1987 alleging that the
minor is a | ||||||
17 | delinquent minor for the commission of an offense that | ||||||
18 | if
committed by an adult would be a felony;
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19 | (xiii) He or she is not an adult who had been | ||||||
20 | adjudicated a delinquent
minor under the Juvenile | ||||||
21 | Court Act of 1987 for the commission of an offense
that | ||||||
22 | if committed by an adult would be a felony;
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23 | (xiv) He or she is a resident of the State of | ||||||
24 | Illinois; | ||||||
25 | (xv) He or she has not been adjudicated as a person | ||||||
26 | with a mental disability; |
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1 | (xvi) He or she has not been involuntarily | ||||||
2 | admitted into a mental health facility; and | ||||||
3 | (xvii) He or she is not a person with a | ||||||
4 | developmental disability; and | ||||||
5 | (3) Upon request by the Illinois State Police, sign a | ||||||
6 | release on a
form prescribed by the Illinois State Police | ||||||
7 | waiving any right to
confidentiality and requesting the | ||||||
8 | disclosure to the Illinois State Police
of limited mental | ||||||
9 | health institution admission information from another | ||||||
10 | state,
the District of Columbia, any other territory of | ||||||
11 | the United States, or a
foreign nation concerning the | ||||||
12 | applicant for the sole purpose of determining
whether the | ||||||
13 | applicant is or was a patient in a mental health | ||||||
14 | institution and
disqualified because of that status from | ||||||
15 | receiving a Firearm Owner's
Identification Card. No mental | ||||||
16 | health care or treatment records may be
requested. The | ||||||
17 | information received shall be destroyed within one year of
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18 | receipt.
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19 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
20 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
21 | State Police either his or
her Illinois driver's license | ||||||
22 | number or Illinois Identification Card number, except as
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23 | provided in subsection (a-10).
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24 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
25 | Card,
who is employed as a law enforcement officer, an armed | ||||||
26 | security officer in Illinois, or by the United States Military
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1 | permanently assigned in Illinois and who is not an Illinois | ||||||
2 | resident, shall furnish to
the Illinois State Police his or | ||||||
3 | her driver's license number or state
identification card | ||||||
4 | number from his or her state of residence. The Illinois State | ||||||
5 | Police may adopt rules to enforce the provisions of this
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6 | subsection (a-10).
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7 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
8 | Identification Card moves from the residence address named in | ||||||
9 | the application, he or she shall immediately notify in a form | ||||||
10 | and manner prescribed by the Illinois State Police of that | ||||||
11 | change of address. | ||||||
12 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
13 | Card shall furnish to the Illinois State Police his or her | ||||||
14 | photograph. An applicant who is 21 years of age or older | ||||||
15 | seeking a religious exemption to the photograph requirement | ||||||
16 | must furnish with the application an approved copy of United | ||||||
17 | States Department of the Treasury Internal Revenue Service | ||||||
18 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
19 | age seeking a religious exemption to the photograph | ||||||
20 | requirement shall submit fingerprints on a form and manner | ||||||
21 | prescribed by the Illinois State Police Department with his or | ||||||
22 | her application. | ||||||
23 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
24 | issuance of a Firearm Owner's Identification Card may include | ||||||
25 | a full set of his or her fingerprints in electronic format to | ||||||
26 | the Illinois State Police, unless the applicant has previously |
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1 | provided a full set of his or her fingerprints to the Illinois | ||||||
2 | State Police under this Act or the Firearm Concealed Carry | ||||||
3 | Act. | ||||||
4 | The fingerprints must be transmitted through a live scan | ||||||
5 | fingerprint vendor licensed by the Department of Financial and | ||||||
6 | Professional Regulation. The fingerprints shall be checked | ||||||
7 | against the fingerprint records now and hereafter filed in the | ||||||
8 | Illinois State Police and Federal Bureau of Investigation | ||||||
9 | criminal history records databases, including all available | ||||||
10 | State and local criminal history record information files. | ||||||
11 | The Illinois State Police shall charge applicants a | ||||||
12 | one-time fee for conducting the criminal history record check, | ||||||
13 | which shall be deposited into the State Police Services Fund | ||||||
14 | and shall not exceed the actual cost of the State and national | ||||||
15 | criminal history record check. | ||||||
16 | (a-26) The Illinois State Police shall research, explore, | ||||||
17 | and report to the General Assembly by January 1, 2022 on the | ||||||
18 | feasibility of permitting voluntarily submitted fingerprints | ||||||
19 | obtained for purposes other than Firearm Owner's | ||||||
20 | Identification Card enforcement that are contained in the | ||||||
21 | Illinois State Police database for purposes of this Act. | ||||||
22 | (b) Each application form shall include the following | ||||||
23 | statement printed in
bold type: "Warning: Entering false | ||||||
24 | information on an application for a Firearm
Owner's | ||||||
25 | Identification Card is punishable as a Class 2 felony in | ||||||
26 | accordance
with subsection (d-5) of Section 14 of the Firearm |
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1 | Owners Identification Card
Act.".
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2 | (c) Upon such written consent, pursuant to Section 4, | ||||||
3 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
4 | consent shall be liable for any
damages resulting from the | ||||||
5 | applicant's use of firearms or firearm ammunition.
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6 | (d) Upon written consent pursuant to subparagraph (i-5) of | ||||||
7 | paragraph (2) of subsection (a),
the parent or legal guardian | ||||||
8 | giving the consent shall be liable for any
damages resulting | ||||||
9 | from the applicant's use of firearms or firearm ammunition and | ||||||
10 | may be held accountable under Article 5 of the Criminal Code of | ||||||
11 | 2012 for any criminal offenses resulting from the applicant's | ||||||
12 | use of firearms or firearm ammunition. | ||||||
13 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
14 | 102-538, eff. 8-20-21; revised 10-12-21.)
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